IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRR 541 of 2025 Gopal Banerjee & Anr.

Vs.

The State of West Bengal & Anr.

For the petitioners : Mr. Moyukh Mukherjee Mr. Pritam Roy Ms. Triparna Roy Ms. Sagnika Banerjee For the Opposite Party No.2 : Mr. Sandipan Ganguly, Sr. Adv.

Ms. Priyanka Sarkar For the State : Mr. Sanjay Bardhan Mr. Bikram Mitra Heard on : 13.02.2026 Judgment on : 27.02.2026 Dr. Ajoy Kumar Mukherjee, J.

1. Being aggrieved and dissatisfied with the continuation of the order dated 9th January, 2025 passed by the learned Judicial Magistrate , 1st Court Bolpure, corresponding to GR Case No. 678 of 2022, present Application has been preferred. By the impugned order, learned Court below has rejected the petitioners’ prayer for discharge.

2. Opposite party no.2 Smt, Tumpa Das lodged aforesaid written complaint interalia alleging that she paid an amount of Rs. 1,00,000/- to one Sukumar Ghosh towards advance consideration price for purchasing a piece of land located at Madhusudanpur Mouza, having Dag No. 278. Thereafter said Sukumar Gosh was showing reluctance to execute registered deed in favour of the complainant and was making different excuses to postpone the same. Thereafter Complainant came to know that inspite of taking aforesaid advance consideration price from opposite party, said Sukumar had sold said piece of land to the petitioners herein.

3. In the year 2021 the complainant/opposite party no.2 herein filed a civil suit against said Sukumar and the present petitioners, in order to get back the advance money along with compensation amount. During pendency of the said civil proceeding, the petitioners offered the opposite party no. 2 herein for an amount of Rs. 3,50,000/- inclusive of all charges and requested her to withdraw the case against them, which the complainant herein/plaintiff had agreed. On 16.03.2022 the petitioner no.1 prepared two draft receipts which were duly signed by his lawyer and such receipts along with two demand drafts was handed over to the opposite party no.2 herein in order to obtain her signature on the said money receipt and on being receipt of bank draft, she put her signature on the two money receipts and returned it to the petitioner.

4. Later on to her dismay the opposite party no.2 came to know that taking illegal means, the petitioners have managed to rewrite in the empty space of the said two money receipts above her signature, as if the opposite party no.2 has taken the said amount of Rs. 3,50,000/- in two receipts, towards advance consideration price, in connection with the sale of a piece of land bearing Dag No. 226 at Mouza Goalpara. Therefore, the opposite party no.2 had lodged instant FIR alleging forgery, cheating etc. under sections 420/468/471/34 of the Indian Penal Code.

5. The investigating agency after completion of investigation submitted charge sheet under the above mentioned sections against the present petitioners and the copies of documents which prosecution wants to rely were also supplied to the petitioners. The petitioners previously challenging the entire proceeding preferred a Criminal Revisional application before this High Court being CRR 1740 of 2024 and the same was disposed of by this court granting liberty to the petitioner to file an appropriate application before the court below seeking their discharge from the case.

6. Pursuant to such liberty granted by this Court, the petitioners preferred an application for discharge with the contentions that the materials relied by the investigating agency does not prima facie constitute any offence as alleged. However, learned Court below by the impugned order dismissed their prayer for discharge

7. Being aggrieved by the said order, Mr. Mayukh Mukherjee, learned counsel appearing on behalf of the petitioners argued that the entire dispute arose regarding purchase and sale of land in question and he stressed that the agreement whi